● Defense lawyer argued that “they got the wrong person” and that neither eyewitness was credible.

Did the defendant testify at trial?

No

Types of evidence at trial

Eyewitness

Other

Identity of eyewitness

Intraracial Identificaiton

Victim

Multiple eyewitnesses

2

Lineup Procedures

Photo array

Suggestive Procedures

Yes ● Suggestive line-up – only three others in 30 photos shown in arrays had tattoo on neck

Unreliable Identification?

Yes ● Initial nonidentification – at line-up said he looked the closest to the attacker ● Discrepancy in description – wrong location of tattoo

Quotes from testimony #2

Described “an individual roughly 5- 8, 5-10, sort hair, kind of bald, like a crewcut, and he had a tattoo on his neck…” The tattoo was on the right side of his neck, and was “like a prison tattoo” was “all dark” and looked like “Chinese characters” His tattoo said “Cody” and was on the left side, not the right side of his neck. Defendant at trial was “a lot thicker” and had “shorter hair” at time of incident Agreed that when show photo array, said that Davis looked “the closest” to the person who committed the crime